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    The avoidance of post-petition transfers: what’s a vendor to do after In re Delco Oil Co.?
    2010-08-13

    In Marathon Petroleum Co. v. Cohen (In re Delco Oil Co.),1 the Court of Appeals for the Eleventh Circuit recently held that a trustee could avoid a debtor's post-petition transfers of funds that were cash collateral, notwithstanding that the payments had been made in good faith and in the ordinary course of business.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Collateral (finance), Personal property, Title 11 of the US Code, Trustee, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    The cost of credit
    2010-11-22

    Manufacturers, distributors and other merchants of goods who sell their products on credit terms routinely accept a high level of risk of defaulted payment from their customers. In good times, credit-related losses are relatively predictable as a percentage of sales and can be offset by variations in pricing and volume across a seller’s sales transactions. Unfortunately, we are far removed from the good times. The prolonged economic slump has resulted in increased payment defaults and a 150 percent rise in business bankruptcies since the summer of 2007.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Lane Powell PC, Contractual term, Bankruptcy, Letter of credit, Credit (finance), Accounts receivable, Privately held company, Debt, Personal property, Default (finance)
    Authors:
    Gregory R. Fox
    Location:
    USA
    Firm:
    Lane Powell PC
    FDIC issues opinion clarifying treatment of securitizations by financial companies subject to resolution under Title II of the Dodd-Frank Act
    2011-01-03

    Our October 2010 DechertOnPoint “FDIC Begins Action on Its Super-Resolution Rules for Covered Financial Companies” discussed how systemi-cally significant non-bank financial companies (“covered financial compa-nies”) may find themselves in unknown territory if the FDIC is appointed re-ceiver for them.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Dechert LLP, Security (finance), Board of directors, Personal property, General counsel, Good faith, Securities Industry and Financial Markets Association, Federal Deposit Insurance Corporation (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Title 11 of the US Code
    Authors:
    Thomas P. Vartanian , Malcolm S. Dorris , Robert H. Ledig , Ralph R. Mazzeo
    Location:
    USA
    Firm:
    Dechert LLP
    Upcoming action with respect to the Orderly Liquidation Authority under the Dodd-Frank Act
    2011-01-14

    The Federal Deposit Insurance Corporation (FDIC) has announced that the agenda for its board meeting next Tuesday, January 18, 2011, will include discussion regarding a “Final Rule Implementing Certain Orderly Liquidation Authority Provisions of the Dodd-Frank Act.”

    Filed under:
    USA, Banking, Insolvency & Restructuring, Mayer Brown, Consumer protection, Collateral (finance), Fraud, Board of directors, Personal property, Federal Reserve Board, Liquidation, Depository institution, Bank holding company, Lehman Brothers cases, Secured loan, Federal Deposit Insurance Corporation (USA), Lehman Brothers, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Federal Deposit Insurance Act 1950 (USA), US Secretary of the Treasury
    Authors:
    William V. Jacobsen, Jr. , J. Bradley Keck , Jeffrey P. Taft
    Location:
    USA
    Firm:
    Mayer Brown
    The year 2010 in review: contractor licensing
    2011-03-16

    1 Loranger v Jones, 184 Cal App 4th 847 (3d Dist May 2010)

    Jones, a licensed contractor, had a workers' compensation policy covering his employees. Jones unknowingly used an unlicensed subcontractor and knowingly permitted two minors without work permits, and another person without a contractor's license, to help perform work for Loranger. Loranger refused to pay the final invoice and Jones filed suit for breach of contract. Loranger cross-complained alleging defects and sought disgorgement of monies paid.  

    Filed under:
    USA, Construction, Employment & Labor, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Bankruptcy, General contractor, Breach of contract, Fraud, Federal Reporter, Copyright infringement, Debt, Personal property, Subcontractor, Negligence, Liquidation, Court of Appeal of England & Wales, Ninth Circuit, United States bankruptcy court
    Authors:
    Candace L. Matson , Harold E. Hamersmith
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Manufactured home lien: forget perfection, you need to have a lien in the first place
    2015-03-25

    Morris v. Ark Valley Credit Union (In re Gracy), 522 B.R. 686 (Bankr. D. Kan. 2015) –

    A chapter 7 trustee sought to avoid a credit union’s security interest in a manufactured home by asserting his strong arm powers as a hypothetical lien creditor based on the lender’s failure to perfect its lien. The bankruptcy court declined to avoid the lien since it held there was no lien to avoid.

    Filed under:
    USA, Kansas, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Personal property, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    No security by obscurity: the importance of clearly identifying collateral
    2015-03-02

    More is more, right? Not according to the Bankruptcy Court for the Northern District of Florida. The court recently ruled that when a creditor tries to capture the maximum amount of collateral in its security interest, this could have the opposite effect and result in an entirely unsecured claim. As most creditors know, the treatment of a claim in bankruptcy is governed not only by the Bankruptcy Code, but also by state law.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Collateral (finance), Personal property
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Filer beware: a lesson on the UCC-3 termination statement
    2015-03-02

    In a ruling of much consequence to secured lenders everywhere, the Delaware Supreme Court held in Motors Liquidations v. JPMorgan Chase Bank that filing an incorrect UCC-3 termination statement can be a costly mistake.

    THE UCC-3 TERMINATION STATEMENT

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fredrikson & Byron PA, Personal property, JPMorgan Chase, Uniform Commercial Code (USA), Delaware Supreme Court
    Authors:
    Levi J. Smith
    Location:
    USA
    Firm:
    Fredrikson & Byron PA
    Ohio Receivership Laws get some muscle
    2015-02-09

    On December 19, 2014, the Governor of the State of Ohio signed into law legislation that clarifies and expands the scope of powers given to a receiver under Ohio’s receivership statutes (chapter 2735 of the Ohio Revised Code (“ORC”)).  Most significantly, effective March 23, 2015 (the effective date for all of the amendments), an Ohio receiver will have express statutory power to sell real and personal property free and clear of liens and will

    Filed under:
    USA, Ohio, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Personal property
    Authors:
    Elliot M. Smith
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Real estate sales: fixtures can be in the eye of the beholder (a/k/a boilerplate matters)
    2015-02-03

    In re Trackwell, 520 B.R. 788 (Bankr. W.D. Mo. 2014) –

    The successful bidder at a bankruptcy auction of a ranch claimed that a cattle chute was included in the sold assets.  The debtors disagreed.  Resolution of the dispute turned on whether the cattle chute constituted a fixture that was part of the real estate.

    Filed under:
    USA, Missouri, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Personal property
    Location:
    USA
    Firm:
    Troutman Pepper

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